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LOCAL UNION 1261 v. FEDERAL MINE SAFETY COM'N

No. 89-1637.

917 F.2d 42 (1990)

LOCAL UNION 1261, DISTRICT 22, UNITED MINE WORKERS OF AMERICA, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION, and Consolidation Coal Company, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided October 26, 1990.

Attorney(s) appearing for the Case

Michael Dinnerstein, with whom Robert H. Stropp, Jr., was on the brief, for petitioner.

Robert M. Vukas, with whom Henry Chajet and Thad S. Huffman were on the brief, for respondent, Consol. Coal Co., L. Joseph Ferrara, for respondent, Federal Mine Safety and Health Review Com'n, also entered an appearance.

Before WALD, Chief Judge, RUTH BADER GINSBURG and THOMAS, Circuit Judges.

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

This case concerns the interpretation of two sentences of the Federal Mine Safety and Health Act, 30 U.S.C. §§ 801 et seq. (Mine Act), that provide compensation to miners when a mine is closed by a federal withdrawal order. The two prescriptions at issue, contained in section 111 of the Mine Act, 30 U.S.C. § 821, read in key part:

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